The New Firefighters’ Pension Scheme Order (Northern Ireland) 2007

Death on or before 31st March 2007 of retained or volunteer firefighter employed before 6th April 2006

105.—(1) This article applies where a retained or volunteer firefighter employed by the Board immediately before 6th April 2006 dies on or before 31st March 2007 without having made an election as to membership of this Scheme.

(2) Chapters 1 and 2 of Part 4 of this Scheme (survivors’ pensions), article 35 of this Scheme (death grant) and article 63 (pension contributions) shall have effect in respect of him as if—

(a) he had elected to become a member of this Scheme on 6th April 2006 and had not made a contributions election, and

(b) his qualifying service and his pensionable service began on 6th April 2006 and ended on the date of his death.

(3) Where—

(a) in anticipation of the coming into operation of this Scheme, he nominated a nominated partner, and

(b) the nomination was received and accepted by the Board before he died,

his nominated partner shall be entitled to the same benefits under this Scheme as if the nomination had effect for the purposes of this Scheme.

(4) The Board shall deduct from the death grant payable by virtue of paragraph (2) the amount of the pension contributions that would have been payable under article 63; and article 61 shall have effect for determining his pensionable pay for that purpose.

(5) The Board shall notify the personal representatives of the amount deducted.